Legal Opinion
John Comolli & Co. v. Margolies
New York Supreme Court
Decided October 21, 1927PublishedCited by 3 opinions
1Opinion of the CourtFrankenthaler, J.
Defendants Margolies and Margolies & Co. move to dismiss the cross-motion brought by defendant Keister against defendant Kelley, and also to cancel the Us pendens filed by plaintiff in so far as it may inure to the benefit of Keister. The second branch of the motion is consented to by Keister, but he opposes the dismissal of his cross-action as against Kelley. The theory of the motion is that the filing of a bond by the moving defendants, the contractors, to discharge the mechanic’s lien claimed by Keister obviated the necessity of further action on the latter’s part against Kelley, the owner…
2Cases cited8 opinions
- Morton v. . TuckerNew York Court of Appeals · 1895
- Harley v. . PlantNew York Court of Appeals · 1914
- Hawkins v. Mapes-Reeve Construction Co.New York Court of Appeals · 1904
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Spitz v. M. Brooks & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
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3Cited by3 opinions
- Kinematics, Ltd. v. Sprayview Construction Corp.New York Supreme Court · 1960
- North American Contracting Co. v. 300 Broadway Realty Corp.New York Supreme Court · 1962
- John R. Blair Co. v. Seadco Building Corp.Appellate Terms of the Supreme Court of New York · 1929